People v Thomas
2014 NY Slip Op 04700 [118 AD3d 611]
June 24, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 30, 2014


[*1]
 The People of the State of New York, Respondent,
v
Finesse Thomas, Appellant.

Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Emily L. Auletta of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered April 12, 2012, convicting defendant, upon her plea of guilty, of grand larceny in the third degree and identity theft in the first degree, and sentencing her to concurrent terms of six months, with five years' probation, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing.

As the People concede, defendant is entitled to resentencing pursuant to People v Rudolph (21 NY3d 497 [2013]) for a youthful offender determination. Concur—Sweeny, J.P., Renwick, Andrias, Saxe and Kapnick, JJ.